HIMANGSU SEKHAR JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule is directed against two confidential letters dated the 3rd February, 1976 and the 25th June, 1976 issued by the Deputy inspector General of Police, Head Quarters, West Bengal to the Superintendent of Police, Highly. These two letters contain a direction that the adverse remarks recorded in the annual confidential reports of the petitioner quoted in the said letters should be communicated to him. The first letter contains the annual confidential report for the years 1972-73 and 1973-74 while the other contains the annual confidential report for the year 1974-75. The first report, is as follows : -

(2.) THE Police Regulations Bengal 1943, Clause 79 provides that on the 1st february each year there shall be submitted to the Inspector General through appropriate channels copies of all remarks made under regulation 76 in the confidential report book of each Inspector. Regulation 76 clause (a) provides that the Superintendent shall maintain, bound in a book of convenient size, confidential reports for each Inspector, Sergeant, sub-Inspector and officiating Sub inspector in B. P. Form No. 2. Regulation 81 provides as follows :-

(3.) IT is the petitioner's case that these confidential reports were communicated to him long after as the dates indicated above would indicate and he was not in a position to take any steps in respect of the adverse remarks which, according to him, had no basis. These adverse remarks against him had serious effect in his career inasmuch as he was not selected for the confirmation as a Circle inspector while officers junior to him wane given promotion in preference to him In the affidavit-in-opposition affirmed by the Superintendent of Police, highly, Chinsuirah on 29th August, 1978 it has been stated that the general practice is that every year the Inspector General of Police receives the annual confidential remarks of the Inspector front the officer concerned. After their perusal by him or by the Additional inspector General of Police orders are passed for issue of the adverse remarks to the Inspector concerned. It is further stated " in the early seventies due to outbreak of Nasality violence the normal work in the police Directorate was disrupted considerably and therefore the adverse remarks in the C. C. Roll of Inspectors could not be issued to the concerned officers in time. Eventually, in 1976 a decision was taken that the adverse remarks in the C. C. Roll of all inspectors from 72-73 onwards would be issued to the officers without any further delay. In pursuance of this decision, the adverse comments in the A. C. "it. of inspector Shri Himangshu Sekhar the for the year. 1972-73 and 1873-74 were issued to him in March, 1976 and those in the A. C. R. of 1974-75 in May 1976.